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will not be treated as an enemy combatants. i strongly disagree with the obama administration's decision to rollout enemy combatants status for this suspect at this time. >> sticking around for the second part of our debate, he fled with his tail between his legs. senator lindsey graham and senator talked about obama not try him as an enemy combatants. it was said to see him go, he was a fine figure and a state senator, isn't it? >> al a high state legislature is much more sophisticated than we saw here today. >> let's talk about lindsey graham. sang the government should have left dzhokhar tsarnaev as an enemy combat and, at least on the table as a possibility. >> it is not permissible under the law. you cannot treat an american citizen who is accused of committing an american crime against mostly american citizens in boston as an enemy combatants. it would turn our country -- >> it has never happened before. >> into martial law. the supreme court struck that down and american citizens were charged with crimes and this fellow is being charged with an ordinary crime that anybody could be charged wi
combatant is upsetting several republicans. >> i have been informed that the obama administration has indicated this suspect in boston will not be treated as enemy combatant. i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> let's bring in our senior legal analyst jeffrey toobin, joining us from new york. can or should a u.s. citizen be formally given this enemy combatant status? what does the law say? >> every terrorist suspect arrested in the united states, since the first world trade center bombing in 1993 has been treated in the criminal justice system, not as an enemy combatant. standard operating procedure. frankly, the whole status of enemy combatant remains ambiguous in the legal system. the prisoners in guantanamo bay remain in legal limbo. by treating them as criminal suspects, the obama administration is avoiding all kinds of risks and simply acting as the bush administration has in the past and as they have acted in other terrorist cases by using the normal criminal procedures. >> because linds
disbrea disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> we are moving up to the boat he was actually laying down on the side of the boat, one leg out, one hand out. as we got closer, he sat back up. >> he just sat up. he's moving, flailing about, quite a bit of movement. >> the suspect's in custody. >> tonight, dzhokhar tsarnaev goes to court at his hospital bedside. and there is more. the magistrate says he is lucid. adam housley is live in boston with the latest. adam? >> reporter: yeah, gret a. in fact, in the hospital behind me, there is significant security, downstairs and throughout the hospital. the u.s. marshal service has taken over the security situation of him specifically. they have marshalls by his room, in the hallway, all standard procedure when the macials take control. before that, it was local law enforcement and the fbi. so the marshalls will be in charge of him, until he is well enough to leave here. once that happen, he will fly out via helicopter, like whitey bowlser did. they feel li
where bomber two had placed his knapsack. >> i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> when we are moving up to the boat he was actually laying down on one side of the boat. one leg out, and one hand out, and when we got closer, that's when he sat up. >> he just sat up. moving about. quite a bit of movement. >> suspect in custody. >> tonight dzhokhar tsarnaev goes to court at his bedside. and there is more. they say he is lucid. adam. >> in the hospital behind me there is significant security not only downstairs but throughout the hospital. the u.s. marshals service has now officially taken over the security situation of him specifically. they have marshalls stationed by his room, in the hallway where he is. all standard procedures when the marshals take control. before the fbi was doing that. marshals will basically be in charge of him until he's well enough to leave here. we are told once that happens he will likely fly out via helicopter to a different hospital. it's the best way of takin
disagree with the obama's administration decision to rule out enemy combatant suspect. >> reporter: labeling him as an enemy combatant would allow the government to question him without an attorney president and maybe get some of those answers. barbara starr, cnn, the pentagon. >> thanks, barbara. most of us can't even begin to imagine the incredibly tense moments that led up to the arrest of dzhokhar cztsarnaev. but that's what they are trained to do. the s.w.a.t team that took tsarnaev into custody describes the final moments to anderson cooper. let's listen. >> let's do it. let's do what we're trained to do. this is the suspect. we're trained to go in and apprehend him. you can see one hand is clear of any weapons each time he went the other way, his hand went down inside the boat out of our view. i know everybody here we've spoken about it. each time he did that, we had to assume he was reaching for either a weapon, a firearm or some explosive ignition device to kind of draw us in and take us out in a suicide type manner. he did that a couple of times as we're still approaching
the process. we are not going to make a big deal about it. the enemy combatant debate which is essentially closed at this stage. they decided it was a political debate more than a legal one. >> i mean, there was never really, at least among the obama administration, never a thought of having this guy being charged or treated as an enemy combatant. >> nor in the bush administration. every terrorist arrest inside of the united states has been tried in a united states criminal court, in a federal district court. that's what president bush did. that's what president obama did and this fellow is an american citizen. it's far from clear that there's any law that would allow him to be tried as an enemy combatant. this is a procedure we know works. people get tried in criminal courts every day. the combatant laws we don't know that one can be successfully conducted. that's lost in a mar ras in guantanamo bay. this case will take a long time, be expensive and complicated but he's going to trial and there's going to be a verdict. we know that. >> jeff, thank you very much. fran, julia, as well. appr
of the proceedings. what's your assessment, jeff, of the initial hearing and the fact that the obama administration decided to try him in civilian court rather than as an enemy combatant in a military tribune jal? >> i think the military tribunal was a complete nonstarter. there has never been an american citizen arrested on american soil charged in a military tribunal. it's just simply never going to happen. it certainly didn't happen in the bush administration, didn't happen in the obama administration, so that was never -- that's just not -- it's irrelevant at this point. now the case is under way. the fact that he was well enough to be arraigned on the complaint means now that the government will move to present this case in the grand jury, probably within a month there will be an indictment, and then the case will move to a federal district court. at that point, i expect things will slow down quite a bit. i would be surprised, given the magnitude and complexity of this case, that there could be a trial inside of a year, but at least now the process is under way. >> juliette, from a law enforce
in america's newsroom. martha: several republican lawmakers are now questioning the obama administration's decision not to treat the boston bombing suspect dzhokhar tsarnaev as an enemy combatant. he will face a civilian trial in criminal court. civilian complaint is revealing details from the carjacking to the shootout in police. listen to this from the documents released yesterday. the man point ad firearm at the victim, the person who was carjacked, did you hear about the boston explosion? and i did that. the man removed the magazine from his gun and showed the vipg tim it had a bullet in it and reinstated the magazine and stated, i am serious. new york city mayor, rudy giuliani helped lead the nation out of 9/11 terror attacks and we i will be remembered for that going forward and rely on you for your expertise how you break down these things. a lot of people bush for enemy combatant status. the white house doesn't want to go there. is that a wise decision on their part. >> i don't think so. martha: why? >> the white house is a in state of denial and has been that way since major has
be considered an enemy combatant? >> guest: absolutely goes back to the civil war. goes certainly to world war ii. anwar al-awlaki was american-born. president obama use ad drone to kill him in the wilds of yemen. if you, if you fill eight yourself with enemy forces and you go to war against american citizens and you kill americans will fully and you do so on behalf of a movement or enemy forces then indeed you can be considered an enemy combatant. being a enemy combatant simply because you're an american citizen. if in world war ii you went over and joined nazi forces were you not a enemy combatant? of course you were. . . >> he didn't treat those terrible tragedies as access war, but appropriately treated them as heinous criminal acts to be investigated, prosecuted, and appropriately punishes. >> host: al-alwaki was an american citizen, kimed on orders of president obama. did president obama violate the constitution by doing that? >> guest: well, actually, we have a lawsuit in which we are seeking to get answers from the administration about what legal standards they used and invoked. >> see
Search Results 0 to 8 of about 9

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